16/06/2024
Question that inspired this post:
Hello! Does anyone have any experience with getting a CDD after completing their Master's, in terms of visas? If I apply for a work permit for a 6-month CDD, will I still be eligible to get an APS after the CDD as a graduate student? Thank you in advance for any advice.
Answers
"No....You can't change back to APS.
But you can work on your CDD contract with APS visa"
"Yes, you can work full-time, if the job is related to your master’s and if the salary is a minimum of 1.5 times SMIC (currently 2650.38 € since 1st Jan 2024). If these 2 conditions aren’t satisfied, you can work only part-time for 964 hours per year"
"Best to stick with APS until you can secure a CDI."
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Introduction
Transitioning from a student visa to a work permit (CDD - Contrat à Durée Déterminée) and understanding how it affects your eligibility for the APS (Autorisation Provisoire de Séjour) can be quite complex. Here’s a detailed guide on how to navigate this process:
Understanding APS and CDD
APS (Autorisation Provisoire de Séjour)
Definition: The APS is a temporary residence permit that allows non-European graduates to stay in France for up to one year (or two years for Indian students) after completing their studies to look for a job or start a business.
Eligibility: It is specifically designed for job-seekers and does not qualify for internships.
Work Conditions: The APS allows graduates to work under the same conditions as a student visa, meaning up to 964 hours per year (approximately 20 hours per week) until they secure a full-time job.
CDD (Contrat à Durée Déterminée)
Definition: A CDD is a fixed-term employment contract in France, typically used for temporary positions.
Work Conditions: Graduates can work on a CDD with their student visa or APS, respecting the 964 hours per year limit.
Eligibility for APS After a CDD
Post-Master’s Application: If you have completed your Master's degree and have not yet applied for an APS, you can still apply for it after your CDD, provided you meet the eligibility criteria.
APS Issuance: The APS is issued only after the completion of your course and obtaining the necessary attestations from your educational institution.
Expired APS: If you have already used your APS and it has expired, you cannot apply for another APS. Instead, you would need to transition to a different type of residence permit, such as a work permit or a "Passeport Talent" if you secure a qualifying job.
Steps to Apply for APS
Gather Required Documents
Valid Passport
Valid Long-Stay Visa or Residence Card
Proof of Social Security
Proof of Address: Housing contract, rental receipts, utility bills
Certificate of Success (attestation de réussite) for your Master's Degree
Submit Application
Application Method: Depending on your prefecture, you can apply online or by sending your file by post. Contact your local prefecture to confirm the application method.
Follow Up
Response: If you do not receive a response, follow up with the prefecture or visit in person with the receipt of your application.
Important Considerations
Timing: Apply for the APS at least 15 days before your current residence permit expires.
Work Permit Transition: If you secure a job with a CDD or CDI (Contrat à Durée Indéterminée), you will need to apply for a work permit before your APS expires. The type of work permit will depend on the nature and duration of your employment contract.
Consult Authorities: For specific guidance, contact the French consulate or an immigration expert to ensure you meet all requirements and deadlines.
By following these steps and understanding the regulations, you can navigate the process of obtaining an APS and transitioning to a work permit after completing your Master's degree in France.
Transitioning from a Student Visa to a Work Permit (CDD)
Obtaining a Work Permit (CDD)
Employer Sponsorship: To work on a CDD, your employer must sponsor you for a work permit. This involves proving that they were unable to find a suitable candidate from the local labour market (a process known as the labour market test, although it may be waived in certain cases).
Application Process: The employer typically handles the work permit application process, which involves submitting your job offer, proof of their attempts to hire locally, and other required documentation to the DIRECCTE (regional labour authority) and OFII (French immigration office).
Duration of the CDD
Contract Terms: If your CDD is for 6 months, the work permit will be valid for the duration of your contract. Ensure that you have a clear understanding of the contract terms and how they align with your career goals.
Eligibility for APS After CDD
Criteria for APS
Graduate Requirements: The APS is intended for recent graduates from French higher education institutions with at least a Master’s degree, allowing them to stay in France for 12 months to look for work or start a business.
Application Timing: To be eligible for APS, you must apply within the six months following the expiration of your student residence permit.
Applying for APS After a CDD
Timing: You must ensure that you apply for the APS within the eligible timeframe. If your CDD ends before the six-month window closes, you should be able to apply for the APS.
Status Transition: Transitioning from a CDD work permit back to a student status (to apply for the APS) may require careful planning. You should consult with the préfecture and seek legal advice to ensure compliance with immigration rules.
Steps to Apply for APS After CDD
Documentation Preparation
Degree Certificate: Proof of your Master’s degree from a recognized French institution.
Current Residence Permit: Your current residence permit, whether it’s your student visa or the CDD work permit.
Proof of Residence: Utility bills, rental agreements, or other proof of residence in France.
Financial Stability: Proof of financial means to support yourself during the APS period.
Submit an Application to the Préfecture
Application Submission: Prepare and submit your APS application to the local préfecture before your current permit expires and within six months of completing your studies.
Consult with Préfecture or Legal Advisor
Guidance: For any specific queries or complex situations, directly contacting the préfecture or consulting an immigration lawyer can provide tailored guidance.
Key Considerations
Seamless Transition: Ensure that there is no gap between your CDD ending and your APS application period.
Compliance: Stay compliant with French immigration laws and maintain updated records of all correspondence and documentation related to your visas and permits.
Conclusion
It is possible to apply for a CDD work permit after completing your Master’s and still be eligible for an APS, provided you apply within the correct timeframe and meet all eligibility requirements.
Careful planning and staying informed about the specific requirements will help you navigate this transition smoothly. If you have further questions or specific circumstances, consulting with the préfecture or an immigration expert is highly recommended.
By understanding the processes and requirements, you can make a successful transition from a student visa to a work permit in France and continue your professional journey seamlessly.
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